Chapter 095
2023 -- H 5489
Enacted 06/19/2023

A N   A C T
RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE AND LONG-TERM-CARE INSURANCE ACT

Introduced By: Representatives Edwards, Solomon, Kazarian, Donovan, Roberts, Cortvriend, McEntee, Potter, Baginski, and Kennedy

Date Introduced: February 10, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by
adding thereto the following chapter:
CHAPTER 61.1
UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE
AND LONG-TERM-CARE INSURANCE ACT
     27-61.1-1. Short title.
     This chapter shall be known and may be cited as the "Unfair Discrimination Against Organ
Donors."
     27-61.1-2. Definitions.
     As used in this section, the following terms apply:
     (1) "Insurance coverage" means coverage under a disability income, life, or long-term-care
insurance policy.
     (2) "Living donor" means an individual for which of whom both of the following apply:
     (i) Has donated all or part of an organ or bone marrow; and
     (ii) Is not deceased.
     27-61.1-3. Unfair discrimination against organ donors.
     Notwithstanding any other provision of law to the contrary, an insurer or issuer of a
disability income, life, or long-term care insurance policy shall not deny, cancel, or refuse to issue
insurance coverage, determine the price or premium for, or otherwise vary any term or condition
of the policy solely on the basis of the individual's status as a living donor and without any unique
and material actuarial risks in accordance with sound actuarial principles or actual and reasonably
anticipated and expected experience of the individual based on the individual's status as a living
donor.
     27-61.1-4. Enforcement.
     Violations of this chapter are subject to the provisions of ยงยง 27-29-8 and 27-29-9 and may
include injunctive relief and/or a requirement of restitution. The powers and duties set forth in this
section are in addition to all other authority of the commissioner.
     SECTION 2. This act shall take effect upon passage.
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LC001552
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